HB 7089

1
A bill to be entitled
2An act relating to facilities for retained spring training
3franchises; amending s. 212.20, F.S.; revising a
4limitation on certain distributions to certified
5facilities for a retained spring training franchise;
6deleting a provision entitling an applicant to receive
7certain distributions without additional certification;
8amending s. 288.1162, F.S.; requiring the Office of
9Tourism, Trade, and Economic Development to competitively
10evaluate applications for funding of certain additional
11facilities; providing application and certification
12requirements; specifying evaluation criteria; revising the
13number of certifications of such facilities; providing
14additional requirements with respect to certification as a
15facility for a new professional sports franchise or a
16facility for a retained professional sports franchise;
17providing for repeal of the requirements by a specified
18date; amending s. 218.61, F.S.; providing that
19distributions of the local government half-cent sales tax
20to the governing body of a county and of each municipality
21be made after funding is provided pursuant to s.
22218.64(3), F.S., if applicable; amending s. 218.64, F.S.;
23authorizing counties and certain municipalities within
24such counties to use up to $2 million annually from local
25government half-cent sales tax distributions for funding
26for a certified facility for a new professional sports
27franchise, a facility for a retained professional sports
28franchise, a facility for a retained spring training
29franchise, or a motorsports entertainment complex;
30creating s. 288.1171, F.S.; providing for the
31certification of motorsports entertainment complexes by
32the Office of Tourism, Trade, and Economic Development of
33the Executive Office of the Governor; providing
34definitions; providing requirements for certification;
35requiring specified notice; providing for use of the funds
36distributed to a motorsports entertainment complex;
37providing for audits by the Department of Revenue;
38providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Paragraph (d) of subsection (6) of section
43212.20, Florida Statutes, is amended to read:
44     212.20  Funds collected, disposition; additional powers of
45department; operational expense; refund of taxes adjudicated
46unconstitutionally collected.--
47     (6)  Distribution of all proceeds under this chapter and s.
48202.18(1)(b) and (2)(b) shall be as follows:
49     (d)  The proceeds of all other taxes and fees imposed
50pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
51and (2)(b) shall be distributed as follows:
52     1.  In any fiscal year, the greater of $500 million, minus
53an amount equal to 4.6 percent of the proceeds of the taxes
54collected pursuant to chapter 201, or 5 percent of all other
55taxes and fees imposed pursuant to this chapter or remitted
56pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
57monthly installments into the General Revenue Fund.
58     2.  Two-tenths of one percent shall be transferred to the
59Ecosystem Management and Restoration Trust Fund to be used for
60water quality improvement and water restoration projects.
61     3.  After the distribution under subparagraphs 1. and 2.,
628.814 percent of the amount remitted by a sales tax dealer
63located within a participating county pursuant to s. 218.61
64shall be transferred into the Local Government Half-cent Sales
65Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
66be transferred pursuant to this subparagraph to the Local
67Government Half-cent Sales Tax Clearing Trust Fund shall be
68reduced by 0.1 percent, and the department shall distribute this
69amount to the Public Employees Relations Commission Trust Fund
70less $5,000 each month, which shall be added to the amount
71calculated in subparagraph 4. and distributed accordingly.
72     4.  After the distribution under subparagraphs 1., 2., and
733., 0.095 percent shall be transferred to the Local Government
74Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
75to s. 218.65.
76     5.  After the distributions under subparagraphs 1., 2., 3.,
77and 4., 2.0440 percent of the available proceeds pursuant to
78this paragraph shall be transferred monthly to the Revenue
79Sharing Trust Fund for Counties pursuant to s. 218.215.
80     6.  After the distributions under subparagraphs 1., 2., 3.,
81and 4., 1.3409 percent of the available proceeds pursuant to
82this paragraph shall be transferred monthly to the Revenue
83Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
84the total revenue to be distributed pursuant to this
85subparagraph is at least as great as the amount due from the
86Revenue Sharing Trust Fund for Municipalities and the former
87Municipal Financial Assistance Trust Fund in state fiscal year
881999-2000, no municipality shall receive less than the amount
89due from the Revenue Sharing Trust Fund for Municipalities and
90the former Municipal Financial Assistance Trust Fund in state
91fiscal year 1999-2000. If the total proceeds to be distributed
92are less than the amount received in combination from the
93Revenue Sharing Trust Fund for Municipalities and the former
94Municipal Financial Assistance Trust Fund in state fiscal year
951999-2000, each municipality shall receive an amount
96proportionate to the amount it was due in state fiscal year
971999-2000.
98     7.  Of the remaining proceeds:
99     a.  In each fiscal year, the sum of $29,915,500 shall be
100divided into as many equal parts as there are counties in the
101state, and one part shall be distributed to each county. The
102distribution among the several counties shall begin each fiscal
103year on or before January 5th and shall continue monthly for a
104total of 4 months. If a local or special law required that any
105moneys accruing to a county in fiscal year 1999-2000 under the
106then-existing provisions of s. 550.135 be paid directly to the
107district school board, special district, or a municipal
108government, such payment shall continue until such time that the
109local or special law is amended or repealed. The state covenants
110with holders of bonds or other instruments of indebtedness
111issued by local governments, special districts, or district
112school boards prior to July 1, 2000, that it is not the intent
113of this subparagraph to adversely affect the rights of those
114holders or relieve local governments, special districts, or
115district school boards of the duty to meet their obligations as
116a result of previous pledges or assignments or trusts entered
117into which obligated funds received from the distribution to
118county governments under then-existing s. 550.135. This
119distribution specifically is in lieu of funds distributed under
120s. 550.135 prior to July 1, 2000.
121     b.  The department shall distribute $166,667 monthly
122pursuant to s. 288.1162 to each applicant that has been
123certified as a "facility for a new professional sports
124franchise" or a "facility for a retained professional sports
125franchise" pursuant to s. 288.1162. Up to $41,667 shall be
126distributed monthly by the department to each applicant that has
127been certified as a "facility for a retained spring training
128franchise" pursuant to s. 288.1162; however, not more than
129$416,670 $208,335 may be distributed monthly in the aggregate to
130all certified facilities for a retained spring training
131franchise. Distributions shall begin 60 days following such
132certification and shall continue for not more than 30 years.
133Nothing contained in this paragraph shall be construed to allow
134an applicant certified pursuant to s. 288.1162 to receive more
135in distributions than actually expended by the applicant for the
136public purposes provided for in s. 288.1162(6). However, a
137certified applicant is entitled to receive distributions up to
138the maximum amount allowable and undistributed under this
139section for additional renovations and improvements to the
140facility for the franchise without additional certification.
141     c.  Beginning 30 days after notice by the Office of
142Tourism, Trade, and Economic Development to the Department of
143Revenue that an applicant has been certified as the professional
144golf hall of fame pursuant to s. 288.1168 and is open to the
145public, $166,667 shall be distributed monthly, for up to 300
146months, to the applicant.
147     d.  Beginning 30 days after notice by the Office of
148Tourism, Trade, and Economic Development to the Department of
149Revenue that the applicant has been certified as the
150International Game Fish Association World Center facility
151pursuant to s. 288.1169, and the facility is open to the public,
152$83,333 shall be distributed monthly, for up to 168 months, to
153the applicant. This distribution is subject to reduction
154pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
155made, after certification and before July 1, 2000.
156     8.  All other proceeds shall remain with the General
157Revenue Fund.
158     Section 2.  Paragraph (c) of subsection (5) and subsection
159(7) of section 288.1162, Florida Statutes, are amended to read:
160     288.1162  Professional sports franchises; spring training
161franchises; duties.--
162     (5)
163     (c)1.  The Office of Tourism, Trade, and Economic
164Development shall competitively evaluate applications for
165funding of a facility for a retained spring training franchise.
166Applications must be submitted by October 1, 2000, with
167certifications to be made by January 1, 2001. If the number of
168applicants exceeds five and the aggregate funding request of all
169applications exceeds $208,335 per month, the office shall rank
170the applications according to a selection criteria, certifying
171the highest ranked proposals. The evaluation criteria shall
172include, with priority given in descending order to the
173following items:
174     a.1.  The intended use of the funds by the applicant, with
175priority given to the construction of a new facility.
176     b.2.  The length of time that the existing franchise has
177been located in the state, with priority given to retaining
178franchises that have been in the same location the longest.
179     c.3.  The length of time that a facility to be used by a
180retained spring training franchise has been used by one or more
181spring training franchises, with priority given to a facility
182that has been in continuous use as a facility for spring
183training the longest.
184     d.4.  For those teams leasing a spring training facility
185from a unit of local government, the remaining time on the lease
186for facilities used by the spring training franchise, with
187priority given to the shortest time period remaining on the
188lease.
189     e.5.  The duration of the future-use agreement with the
190retained spring training franchise, with priority given to the
191future-use agreement having the longest duration.
192     f.6.  The amount of the local match, with priority given to
193the largest percentage of local match proposed.
194     g.7.  The net increase of total active recreation space
195owned by the applying unit of local government following the
196acquisition of land for the spring training facility, with
197priority given to the largest percentage increase of total
198active recreation space.
199     h.8.  The location of the facility in a brownfield, an
200enterprise zone, a community redevelopment area, or other area
201of targeted development or revitalization included in an Urban
202Infill Redevelopment Plan, with priority given to facilities
203located in these areas.
204     i.9.  The projections on paid attendance attracted by the
205facility and the proposed effect on the economy of the local
206community, with priority given to the highest projected paid
207attendance.
208     2.  Beginning July 1, 2006, the Office of Tourism, Trade,
209and Economic Development shall competitively evaluate
210applications for funding of facilities for retained spring
211training franchises in addition to those certified and funded
212under subparagraph 1. An applicant that is a unit of government
213that has an agreement for a retained spring training franchise
214for 15 or more years which was entered into between July 1,
2152003, and July 1, 2004, shall be eligible for funding.
216Applications must be submitted by October 1, 2006, with
217certifications to be made by January 1, 2007. The office shall
218rank the applications according to selection criteria,
219certifying no more than five proposals. The aggregate funding
220request of all applicants certified shall not exceed an
221aggregate funding request of $208,335 per month. The evaluation
222criteria shall include the following, with priority given in
223descending order:
224     a.  The intended use of the funds by the applicant for
225acquisition or construction of a new facility.
226     b.  The intended use of the funds by the applicant to
227renovate a facility.
228     c.  The length of time that a facility to be used by a
229retained spring training franchise has been used by one or more
230spring training franchises, with priority given to a facility
231that has been in continuous use as a facility for spring
232training the longest.
233     d.  For those teams leasing a spring training facility from
234a unit of local government, the remaining time on the lease for
235facilities used by the spring training franchise, with priority
236given to the shortest time period remaining on the lease. For
237consideration under this subparagraph, the remaining time on the
238lease shall not exceed 5 years, unless an agreement of 15 years
239or more was entered into between July 1, 2003, and July 1, 2004.
240     e.  The duration of the future-use agreement with the
241retained spring training franchise, with priority given to the
242future-use agreement having the longest duration.
243     f.  The amount of the local match, with priority given to
244the largest percentage of local match proposed.
245     g.  The net increase of total active recreation space owned
246by the applying unit of local government following the
247acquisition of land for the spring training facility, with
248priority given to the largest percentage increase of total
249active recreation space.
250     h.  The location of the facility in a brownfield area, an
251enterprise zone, a community redevelopment area, or another area
252of targeted development or revitalization included in an urban
253infill redevelopment plan, with priority given to facilities
254located in those areas.
255     i.  The projections on paid attendance attracted by the
256facility and the proposed effect on the economy of the local
257community, with priority given to the highest projected paid
258attendance.
259     (7)(a)  The Office of Tourism, Trade, and Economic
260Development shall notify the Department of Revenue of any
261facility certified as a facility for a new professional sports
262franchise or a facility for a retained professional sports
263franchise or as a facility for a retained spring training
264franchise. The Office of Tourism, Trade, and Economic
265Development shall certify no more than eight facilities as
266facilities for a new professional sports franchise or as
267facilities for a retained professional sports franchise and
268shall certify at least five as facilities for retained spring
269training franchises, including in such total any facilities
270certified by the Department of Commerce before July 1, 1996. The
271number of facilities certified as a retained spring training
272franchise shall be as provided in subsection (5). The office may
273make no more than one certification for any facility. The office
274may not certify funding for less than the requested amount to
275any applicant certified as a facility for a retained spring
276training franchise.
277     (b)  The eighth certification of an applicant under this
278section as a facility for a new professional sports franchise or
279a facility for a retained professional sports franchise shall be
280for a franchise that is a member of the National Basketball
281Association, has been located within the state since 1987, and
282has not been previously certified. This paragraph is repealed
283July 1, 2010.
284     Section 3.  Subsection (2) of section 218.61, Florida
285Statutes, is amended to read:
286     218.61  Local government half-cent sales tax; designated
287proceeds; trust fund.--
288     (2)  Money remitted by a sales tax dealer located within
289the county and transferred into the Local Government Half-cent
290Sales Tax Clearing Trust Fund shall be earmarked for
291distribution to the governing body of that county and of each
292municipality within that county. Such distributions shall be
293made after funding is provided pursuant to s. 218.64(3), if
294applicable. Such moneys shall be known as the "local government
295half-cent sales tax."
296     Section 4.  Present subsection (3) of section 218.64,
297Florida Statutes, is redesignated as subsection (4), and a new
298subsection (3) is added to that section, to read:
299     218.64  Local government half-cent sales tax; uses;
300limitations.--
301     (3)  Subject to ordinances enacted by the majority of the
302members of the county governing authority and by the majority of
303the members of the governing authorities of municipalities
304representing at least 50 percent of the municipal population of
305such county, counties may use up to $2 million annually of the
306local government half-cent sales tax allocated to that county
307for funding for any of the following applicants:
308     (a)  A certified applicant as a "facility for a new
309professional sports franchise," a "facility for a retained
310professional sports franchise," or a "facility for a retained
311spring training franchise," as provided for in s. 288.1162. It
312is the Legislature's intent that the provisions of s. 288.1162,
313including, but not limited to, the evaluation process by the
314Office of Tourism, Trade, and Economic Development except for
315the limitation on the number of certified applicants or
316facilities as provided in that section and the restrictions set
317forth in s. 288.1162(9), shall apply to an applicant's facility
318to be funded by local government as provided in this subsection.
319     (b)  A certified applicant as a "motorsport entertainment
320complex," as provided for in s. 288.1171. Funding for each
321franchise or motorsport complex shall begin 60 days after
322certification and shall continue for not more than 30 years.
323     Section 5.  Section 288.1171, Florida Statutes, is created
324to read:
325     288.1171  Motorsports entertainment complex; definitions;
326certification; duties.--
327     (1)  As used in this section, the term:
328     (a)  "Applicant" means the owner of a motorsports
329entertainment complex.
330     (b)  "Motorsports entertainment complex" means a closed-
331course racing facility.
332     (c)  "Motorsports event" means a motorsports race that has
333been sanctioned by a sanctioning body.
334     (d)  "Office" means the Office of Tourism, Trade, and
335Economic Development of the Executive Office of the Governor.
336     (e)  "Owner" means a unit of local government which owns a
337motorsports entertainment complex or owns the land on which the
338motorsports entertainment complex is located.
339     (f)  "Sanctioning body" means the American Motorcycle
340Association (AMA), Championship Auto Racing Teams (CART), Grand
341American Road Racing Association (Grand Am), Indy Racing League
342(IRL), National Association for Stock Car Auto Racing (NASCAR),
343National Hot Rod Association (NHRA), Professional Sportscar
344Racing (PSR), Sports Car Club of America (SCCA), United States
345Auto Club (USAC), or any successor organization, or any other
346nationally recognized governing body of motorsports which
347establishes an annual schedule of motorsports events and grants
348rights to conduct such events, has established and administers
349rules and regulations governing all participants involved in
350such events and all persons conducting such events, and requires
351certain liability assurances, including insurance.
352     (g)  "Unit of local government" has the meaning ascribed in
353s. 218.369.
354     (2)  The Office of Tourism, Trade, and Economic Development
355shall serve as the state agency for screening applicants for
356local-option funding under s. 218.64(3) and for certifying an
357applicant as a motorsports entertainment complex.  The office
358shall develop and adopt rules for the receipt and processing of
359applications for funding under s. 218.64(3). The office shall
360make a determination regarding any application filed by an
361applicant not later than 120 days after the application is
362filed.
363     (3)  Before certifying an applicant as a motorsports
364entertainment complex, the office must determine that:
365     (a)  A unit of local government holds title to the land on
366which the motorsports entertainment complex is located or holds
367title to the motorsports entertainment complex.
368     (b)  The municipality in which the motorsports
369entertainment complex is located, or the county if the
370motorsports entertainment complex is located in an
371unincorporated area, has certified by resolution after a public
372hearing that the application serves a public purpose.
373     (4)  Upon determining that an applicant meets the
374requirements of subsection (3), the office shall notify the
375applicant and the executive director of the Department of
376Revenue of such certification by means of an official letter
377granting certification.  If the applicant fails to meet the
378certification requirements of subsection (3), the office shall
379notify the applicant not later than 10 days following such
380determination.
381     (5)  A motorsports entertainment complex that has been
382previously certified under this section and has received funding
383under such certification is ineligible for any additional
384certification.
385     (6)  An applicant certified as a motorsports entertainment
386complex may use funds provided pursuant to s. 218.64(3) only for
387the following public purposes:
388     (a)  Paying for the construction, reconstruction,
389expansion, or renovation of a motorsports entertainment complex.
390     (b)  Paying debt service reserve funds, arbitrage rebate
391obligations, or other amounts payable with respect to bonds
392issued for the construction, reconstruction, expansion, or
393renovation of the motorsports entertainment complex or for the
394reimbursement of such costs or the refinancing of bonds issued
395for such purposes.
396     (c)  Paying for construction, reconstruction, expansion, or
397renovation of transportation or other infrastructure
398improvements related to, necessary for, or appurtenant to the
399motorsports entertainment complex, including, without
400limitation, paying debt service reserve funds, arbitrage rebate
401obligations, or other amounts payable with respect to bonds
402issued for the construction, reconstruction, expansion, or
403renovation of such transportation or other infrastructure
404improvements, and for the reimbursement of such costs or the
405refinancing of bonds issued for such purposes.
406     (d)  Paying for programs of advertising and promotion of or
407related to the motorsports entertainment complex or the
408municipality in which the motorsports entertainment complex is
409located, or the county if the motorsports entertainment complex
410is located in an unincorporated area, if such programs of
411advertising and promotion are designed to increase paid
412attendance at the motorsports entertainment complex or increase
413tourism in or promote the economic development of the community
414in which the motorsports entertainment complex is located.
415     (7)  The Department of Revenue may audit, as provided in s.
416213.34, to verify that the distributions pursuant to this
417section have been expended as required in this section.  Such
418information is subject to the confidentiality requirements of
419chapter 213.  If the Department of Revenue determines that the
420distributions pursuant to certification under this section have
421not been expended as required by this section, it may pursue
422recovery of such funds pursuant to the laws and rules governing
423the assessment of taxes.
424     Section 6.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.